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NAVY | BCNR | CY2006 | 02845-06
Original file (02845-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
 WASHINGTON DC 20370-5 100        


         TJR
 Docket No: 2845-06
         18 October 2006






This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three-me mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 22 August 1968 at age 19. You served without disciplinary incident until 9 April 1970, when you received nonjudicial punishment (NJP) for a six day period of unauthorized absence (UA). Shortly thereafter, on 29 June 1970, you received NJP for a 17 day period of UA and missing the movement of your ship.
On 5 June 1972 you were convicted by special court-martial (SPCM) of five periods of UA totalling 271 days and missing the movement of your ship. You were sentenced to confinement at hard labor for 75 days, a $190 forfeiture of pay, reduction to paygrade E-1, and a bad conduct discharge (BCD). On 19 July 1972 you submitted a written request for immediate execution of the BCD which stated, in part, as follows:





As a result of my inability to adjust to military life, I do not feel that I will be of any further useful service to the United States Navy.
After the BCD was approved at all levels of review, on 30 January 1973 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that under current standards your periods of UA would be treated differently. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your repetitive and lengthy periods of UA and your request for immediate execution of the discharge. Finally, under current standards, a Sailor convicted of periods of UA totalling nine months would likely receive a punitive discharge. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,


W. DEAN PFEIFFER
Executive Director

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